Microsoft Word - 省级气候变化立法研究—以江苏省为例.doc

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1 The China Sustainable Energy Program The Energy Foundation Research Report Research on Provincial Climate Change Legislation Take Jiangsu Province as an example

2 : G Grant Number: G : Grant period 05/01/12 04/30/13 : Sector Low-Carbon Development Paths : Project Discription This project took Juangsu Province as example to expand its research because its highest target of energy saving and reduction in 12th Five Year Plan. This project investigated implementation of the policy, legal foundation, legal norms in response to climate change, analyzing the conflicts between the system measures and its practice in 2

3 response to climate change. This project made analysis of legal requirements, main rights and obligations distribution of all levels and legal system implementation plans based on empirical study of measures taken by locals and its efficiency in response to climate change. The main objective of this project will serve the draft of Approaches adapted to climate change legislation in Jiangsu Province. Project team: Mingde Cao, Professor of China University of Political Science and Law 3

4 Luosheng Leng, Professor of Beijing Normal University Weichun Chen, Associate Professor of North China Electric Power University Chaoliang Wang, Post-doctor of China University of Political Science and Law Fengyuan Wang, Post-doctor of Beijing Jiaotong University Hui Wang, Lecturer of Law School of Shanghai Maritime University Mingming Liu, Lecturer of Shandong University of Science and Technology Yumei Li, Doctor of China University of Political Science and Law Qunpei Luosan, Doctor of China University of Political Science and Law Xinxin Zhao, Doctor of China University of Political Science and Law Xun Gong, Doctor of China University of Political Science and Law Tao Mao, Doctor of China University of Political Science and Law Ronghua Zhou, Senior Economist, Director of the Center of Information of Jiangsu Province Weiling Liu, Researcher, The State Council Allowance Experts, deputy director of the Center of Information of Jiangsu Province Li Lai, Associate Researcher, Chief of the Government Affair and Information Department of the Center of Information of Jiangsu Province Jianrong Xu, Senior Economist, Deputy Chief of the Government Affair and Information Department of the Center of Information of Jiangsu Province Xiang Gu, Postgraduate, Specialize in resource and environment economic research. : Key Word: Climate change, Mitigation,Adaptation, Local Legislation Jiangsu Province 4

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8 Executive Summary Jiangsu Province is taken as an example for the research of provincial legislation on climate change. The main content of the research focuses on summing up the experience of provincial legislation and making Regulations on Addressing Climate Change in Jiangsu Province (Recommendation). Qinghai Province, Shanxi Province and Sichuan Province have accumulated relevant experience on provincial legislation on climate change. This research targets provincial legislation on climate change and compares and analyses the background, purpose, principle, legal system and implement effect of the normative documents of law. The experience on provincial legislation on climate change from the above mentioned provinces provides precious references and enlightments for the formulation of Regulations on Addressing Climate Change in Jiangsu Province (Recommendation). Jiangsu Province is a relatively developed eastern coastal province, deeply affected by climate change. The situation of addressing climate change is grim. Jiangsu has made full preparation on the legislation on addressing climate change, which means the time of legislation has come. On one side, Regulations on Addressing Climate Change in Jiangsu Province (Recommendation) should reasonably and scientifically define the rights and obligations of citizen, legal person and other organization, specify the power and responsibility of state organs, and clarify the role and duty of Development and Reform Departments; on the other side, it should present purposes and principles of the legislation in accordance to the reality of Jiangsu Province, list carbon-trade development, marine 8

9 energy base construction, shale gas exploitation and utilization on the regulations and make full use of the effect of motivation system. Regulations on Addressing Climate Change in Jiangsu Province (Recommendation) are the local detailing implementation and reflection of the national legislation on addressing climate change. However, it should be made according to circumstance of Jiangsu Province, which means many characters need to be considered, such as the eastern coastal location, the large scale of manufacture, the big energy consumption, and the low rate of energy-self-sufficiency, the large volume of trade import and export and the obvious feature of external greenhouse gases input. The task of addressing the climate change in Jiangsu Province is difficult, so the legislation needs to be based on the reality and meet the demand of social and economic development in the future. Regulations on Addressing Climate Change in Jiangsu Province (Recommendation) consists of 7 chapters and 70 articles of law, including general principles, basic management system, slowing down climate change, adapting to climate change, motivation system, legal liability, supplementary articles and so on. The Recommendation explains the general principles, basic management system, measures on controlling greenhouse gases emissions and adapting to climate change, motivation system, legal liability and time table. The specific management system is as follows: A. Planning system: The Recommendation puts addressing climate change on the list of national economic and social development plan and annual plan; the influence of climate change on social and economic development will be considered during the process of making specialized 9

10 plan and regional development plan; provincial, municipal government should make specialized plan to address climate change, and county government should make implementation project of addressing climate change. National and provincial low-carbon pilot demonstration city, garden and enterprise should make correspondent plan of low-carbon development. B. Special fund system: The government sets up stable investment channels and establishes special financial funds for climate change to support fields of addressing climate change, such as technology research and development, public service, propaganda and education, demonstration and promotion of products and technologies, implementation of big project on addressing climate change, industrial transformation and low-carbon modification and upgrade. C. Liability and evaluation system: Governments at all levels should be responsible for the correspondent administrative areas climate change tasks. Step-by-step report system and evaluation system shall be implemented and relevant indexes of controlling and addressing climate change will be brought into local comprehensive assessment of social and economic development and annual evaluation system. D. Market emission reduction system: Market will be used to control greenhouse gases emissions. Market emission reduction system, which includes voluntary emission reduction and binding emission reduction, will be constructed in accordance with the development. The development of voluntary emission trade will be improved and carbon emission trades which are compatible to provincial conditions will be explored. 10

11 E. Criterion and label system: Local, industrial and product standards should be made in accordance with the realities of Jiangsu Province in greenhouse gases emission and climate change. Limit standards should be made targeting at the greenhouse gases emissions of key industries and products; low-carbon product label and certification system should be set up and low carbon pilots and demonstrations should be popularized to promote the development of low-carbon economy. F. Propaganda and education system: news media should be responsible for popularizing the correspondent knowledge on climate change, energy saving and emission reduction, and resource conservation to the whole society and improving the public awareness on climate change. Education authority should set related courses on different educational phases to complete the education spreading system for addressing climate change. G. Information disclosure system: The Recommendation defines to implement climate change information disclosure system. Governments at or above county level should set up annual greenhouse gases emissions information reporting system, develop and build provincial data system, information sharing and reporting platform on greenhouse gases emissions, and improve the construction of comprehensive observing and monitoring information network system and counseling system to address climate change. H. Communication and cooperation system. The Recommendation encourages different parties to communicate and make international, domestic or regional cooperation to addressing climate change. The cooperation in Yangtze River delta area should be highlighted, and the 11

12 task should rely on the regional coordination to address the climate change. I. Rewards and penalties system. The Recommendation defines the responsibilities of different parties from motivation system and legal liability to motivate the autonomy and motivation of different parties. The motivation system includes special funds subsides, supports on tax and price of energy production, approval of investment and credit, support of government low-carbon purchase, technological support, commendation and reward and differential power prices. Legal liability means to give administrative or civil sanctions to the involved principals and employees of government, enterprise and institution, and the involved enterprises, institutions and medium organization. 12

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Microsoft Word - bxyj2007_01_zongdi225.doc

Microsoft Word - bxyj2007_01_zongdi225.doc 以科学发展观为统领深入贯彻落实国务院 23 号文件全面提高保险业服务社会主义和谐社会的能力吴定富 ( 中国保险监督管理委员会, 北京 100032) [ 摘要 ]2006 年, 我国保险业社会地位稳步提高, 国际影响力不断扩大, 发展环境日益